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COLOMBIA´S IP RIGHTS
RAUL BURITICA
Bogotá- Colombia
+INTRODUCTION
Location and political divisions
Democracy
Investment in Colombia
Intellectual property rights ( trademarks & patents )
Health registrations ( Invima)
+Location;1/3 of Indian territory. 45 millions habitants.
+Democracy
DEMOCRACY
Presidential term 4 years. President Alvaro Uribe.
Legislative, judicial and executive powers.
Very strong economic fundamentals and institutional and policy frameworks.
Foreign Direct investment 2008. Usd 10.6 billion.
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Indian Investment In Colombia In Colombia we have approximate usd 1 billion investment from
Indian companies, especially in: gas,oil, software, pharmaceuticals, and motor vehicles.
Suggested markets for investments: oil, gas, cosmetics and personal care products., chemicals, health tourism, BPO.
Double taxation and investment agreements ( 2010)
IPCA,TATA, BAJAJ,RELIANCE IND,
ONGC, APTECH,CLARIS.
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TrademarksPatentsHealth sanitary registrations
IP rights in Colombia
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TRADEMARKS
What can be registered as trademark? words; names; devices; colors (within certain shape); slogans;sounds;smells (olfactory trademarks);holograms; appellations of origin.
Non registrables as trademarks:
-marks against the moral standards or public order; generic terms;
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Non registrables as trademarks: flags or symbols of states, nations, regions, or
international organizations;non-distinctive trademarks absent a showing of acquired distinctiveness (secondary meaning);marks that work principaly as geographic location names.
+Trademark Filing Process in ColombiaTrademark Filing Process in Colombia
Registration Request
Registration Request
Abandoned Request
Abandoned Request
Registration Denial
Registration Denial
Evaluation of the Request
(15 days)
Evaluation of the Request
(15 days)
complete
Publication in the Intellectual Property Gazette (30 days
waiting for opossitions)
Publication in the Intellectual Property Gazette (30 days
waiting for opossitions)
Third Parties opossitions?Third Parties opossitions?
Petitioner´s response ( 30 days)
Petitioner´s response ( 30 days)
YES
incomplete Evaluation´s response(60 days)
Evaluation´s response(60 days)
Incomplete response
Satisfactory response
No
Decision of the Trademark Office
(between 4 – 6 months if there are no opossitions)
Decision of the Trademark Office
(between 4 – 6 months if there are no opossitions)
Motion for reversal and/or appeal (6 – 8 months)
Motion for reversal and/or appeal (6 – 8 months)
Denial
Denial (5 days to present motion for reversal or appeal)
Grant
Granting Resolution (5 days to serve notice)
Granting Resolution (5 days to serve notice)
Assingnment of Certificate number
Assingnment of Certificate number
Grant
+ ANDEAN DECISION 486-2000
The filing process is based on the agreement : Pacto Andino, Decision 486 of 2000, but in some matters each country (Colombia, Bolivia, Peru and Ecuador) can use its own legislation. For instance, in Ecuador the publication of the trademark is made three times and third parties interested have 2 months to oppose, in Colombia we only do the publication once and third parties only have 30 days for opposition. Any Andean country would protect the IP rights accordingly with OMC and Paris´ treaty in the same way as its own nationals (reciprocity). Priority rights: any country that files any registration in any Andean country or in any legislation that does apply the treaty to the Andean countries, will have the priority rights for six months. India and Colombia members of Paris Convention.
+Grounds for cancellation of a trademark
Non use: a) 3 years B) partial cancellation c) petitioner can file the registration with priority
Notorious marks: Well-known trademarks. Exp:Nike, Bayer, Adidas. Holder of a well known trademark must show proof of its notory.
Vulgarization: becoming a generic mark. Anyone who does the petition, must prove the vulgarization.
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PATENTSUTILITY MODEL: 10 Years.INVENTION: 20 Years.What can be Patented: Procedures Manufacturer methods MachineryEquipmentsSustancesCompositions
What cannot be patented?-Anything attempting or against public order and moral standards.-To protect Public health, humans and animal life.-Animals, plants, biological treatments for the production of plants or animals.-Therapeuticals and surgical methods for humans and animals.Non second use patents.
+ PCT
Further, any resident or national of a Contracting State of the Patent Cooperation Treaty (PCT) may file an international application under the PCT. Colombia (Feb 2001) and India (Dec 1998) are members of PCT treaty. Means any India company can file the petition under PCT treaty, and choose Colombia.
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Data protection.Decree 2085- 2002Only for new chemical entities for pharmaceuticals products.Date of protection? Once the health registration is approved. Five years.
NCE Not included in the pharmacology list
Filing dossier at Invima ( 3 months)
Authorization Not approved
NCE is included in the list ( 2 weeks)
Petition to Invima for reconsidering the inclusion
Invima studies the petition ( 3 months)
Approved or denied of the petition
Filing health permit
Products Included in the Products Included in the listlist
Technical evaluation: Approximately 3 months, depending on the product Bioavailability study is required. (ARV´s,Parkinson,)
Filing the dossier, with all technical and legal information (formalities)
Once the technical evaluation is approved , the legal process takes approximately 1 month (formalities)
Referenceswww.wipo.org.www.sic.gov.cowww.invima.gov.coIndian Embassy in ColombiaProexport Colombia
